Court of Record, Article 129 of Constitution of India

The Supreme Court holds a pivotal role in upholding justice, safeguarding rights, and ensuring the integrity of the Constitution. One of the key designations bestowed upon the Supreme Court under the Constitution is its status as a court of record. This designation is enshrined in Article 129 of the Constitution of India, which confers upon the Supreme Court not only the responsibility of recording its proceedings but also the power to enforce its authority through contempt jurisdiction. 

The concept of a court of record has deep roots in Indian legal history and is essential to the functioning of India’s judicial system. This article will explore the significance of Article 129, the role of the Supreme Court as a court of record, its powers, and the impact of this designation on the judicial process.

Understanding the Concept of “Court of Record”

The term court of record refers to a judicial body that maintains permanent records of all its proceedings, including judgements, rulings, and testimonies. These records serve not only as a history of the court’s decisions but also as a source of legal precedents for future cases. The records of such courts are considered authoritative and binding. In addition to maintaining records, courts of record have specific powers, such as the authority to punish for contempt of court and review their own decisions.

In the Indian context, the designation of court of record is conferred upon the Supreme Court of India and the High Courts of India. While the Supreme Court is the highest court in the country, the High Courts have jurisdiction over their respective states. Both types of courts are empowered to maintain permanent records and have the ability to punish contempt of court, ensuring that they maintain their dignity and authority.

Constitutional Provisions on Court of Record: Article 129 and Article 215

Article 129 of the Constitution

Article 129 of the Indian Constitution reads:

The Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

This provision formally designates the Supreme Court as a court of record, empowering it with all the powers associated with such a court. Specifically, it grants the Supreme Court the authority to punish for contempt of its own proceedings. This is a crucial power as it allows the Supreme Court to ensure that its orders are followed and that the dignity of the Court is maintained.

Article 215 of the Constitution

In addition to Article 129, Article 215 of the Constitution provides for the High Courts to be courts of record as well. It states:

Every High Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

Article 215 gives the High Courts the same powers as the Supreme Court in terms of maintaining records and punishing contempt, although their jurisdiction is limited to their respective states.

Powers and Functions of a Court of Record

Being a court of record brings several important powers and functions. These are:

Maintenance of Permanent Records

The primary characteristic of a court of record is the maintenance of permanent records of all its proceedings. These records include the judgements, orders, testimonies, and arguments made during the trial process. These records serve as:

• Legal Precedents: The judgements and decisions made by the Supreme Court and High Courts become binding legal precedents. Future cases are decided based on these precedents, which ensures uniformity and consistency in the application of law.
• Historical Records: The permanent records also serve as a historical record of the court’s functioning. They can be used for legal research and academic study.

Power to Punish for Contempt

Another significant power of a court of record is the power to punish for contempt of court. This is a crucial element for preserving the dignity and authority of the court. Contempt can arise in two forms:

• Direct Contempt: This occurs when an individual or group shows disrespect to the court during its proceedings. For example, shouting, causing disturbances, or refusing to comply with a court order.
• Indirect Contempt: This occurs when a person or entity disobeys or defies a court order after the proceedings have concluded. This may include refusing to comply with judgements, publishing material that undermines the authority of the court, or obstructing justice.

The power to punish contempt ensures that the court’s orders are respected and that the judicial process is not disrupted.

Binding Legal Precedents

Decisions made by the Supreme Court, as a court of record, become binding precedents for all other courts in India. This principle is derived from Article 141 of the Constitution, which states:

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

This principle ensures that the Supreme Court’s interpretations of the law are adhered to by all other courts. Similarly, the High Courts, as courts of record, set precedents within their jurisdictions.

Judicial Review

Although Article 129 does not explicitly mention the power of judicial review, it is inherently tied to the Supreme Court’s role as a court of record. The Supreme Court has the authority to review and overturn laws or actions taken by the government or lower courts that violate the Constitution. Judicial review plays a central role in ensuring that laws and executive actions conform to the constitutional principles.

The Role of the Supreme Court as a Court of Record

The Supreme Court of India, being the highest court in the country, carries a responsibility of upholding the Constitution and ensuring justice for all citizens. As a court of record, its functions extend far beyond merely hearing cases. The key roles of the Supreme Court as a court of record include:

Ensuring Accountability

By maintaining detailed permanent records of all proceedings, the Supreme Court ensures accountability for its actions. Litigants and the general public can access these records and understand the reasoning behind judicial decisions. This fosters transparency in the judicial process.

Upholding Constitutional Integrity

The Supreme Court’s power to punish for contempt and its ability to act as a court of record help to maintain the integrity of the judicial system. Through its decisions and actions, the Court preserves the fundamental rights of citizens and ensures that constitutional mandates are enforced.

Serving as a Legal Precedent Generator

The Supreme Court’s decisions create binding precedents that are followed by lower courts across the country. The judgements of the Supreme Court serve as the final word on legal matters and significantly shape the development of Indian law.

Judicial Review and Contempt Jurisdiction

The power of judicial review and the authority to punish for contempt are interlinked. The Supreme Court, in its capacity as a court of record, is empowered to review and strike down laws or actions that are inconsistent with the Constitution. 

However, it is also vested with the responsibility of ensuring that contemptuous acts that undermine its authority are promptly addressed. The contempt power serves as a deterrent against any action or behaviour that seeks to disrespect or hinder the judicial process.

Challenges and Contemporary Relevance

While the concept of a court of record is well-established, there are some challenges in its implementation:

1. Volume of Records: As the caseload increases, the volume of records maintained by the Supreme Court grows exponentially. This can put a strain on resources, especially when managing digital records.
2. Access to Records: While the Supreme Court’s records are meant to be public, ensuring easy access to these records for researchers, litigants, and the general public remains a challenge.
3. Balancing Contempt Powers: The power to punish for contempt must be exercised judiciously to prevent its misuse. Courts must strike a balance between ensuring respect for the judicial process and protecting freedom of expression.

Conclusion

Article 129 of the Constitution of India designates the Supreme Court as a court of record, empowering it with the authority to maintain permanent records, set binding precedents, and punish for contempt. This status not only reinforces the Supreme Court’s authority but also plays a crucial role in preserving the dignity of the judiciary. 

The power of contempt jurisdiction, combined with the role of the court in setting legal precedents, ensures that the Supreme Court is a cornerstone of India’s democratic and judicial system. As the judicial system continues to evolve, the role of the Supreme Court as a court of record remains indispensable in upholding the rule of law and maintaining the integrity of India’s constitutional framework.